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Disaster hazard inspections

Cap. 145, s. 30 · Revised Edition 2020

(1) Where a magistrate is satisfied, on evidence inspections on oath by a hazard inspector, that the condition of any premises is reasonably suspected of posing a danger of serious injury to persons outside of the premises in the event of a disaster, the magistrate may issue or renew an order authorising the hazard inspector to enter and inspect those premises for hazards. (2) An order under this section expires not later than thirty days after the date on which it is made, and may be renewed before expiry for one or more periods each of which is not more than thirty days. 28 (3) An order under this section shall be carried out during daylight hours unless the order authorises otherwise. (4) The National Coordinator shall provide himself and each hazard inspector with a distinctive badge, tag or other identification device which may conveniently be carried by himself and each as hazard inspector while engaged in the performance of their duties under this section. (5) A hazard inspector who exercises a power under this section shall identify himself as a hazard inspector to any person in control of the premises to be inspected at the time of the inspection, by the production of his hazard inspector’s badge, tag or other identification device specified under subsection (4) and shall explain the purpose of the inspection. (6) An order under this section may be issued or renewed on application notwithstanding that no notice of the application is given to any person who may be affected thereby. (7) The hazard inspector shall prepare a report on the results of any inspection carried out under this section, a copy of which shall be provided to the occupier of the premises. (8) Where the hazard inspector is of the opinion, after carrying out an inspection under this section, that the condition of any premises poses a danger of serious injury to persons outside of the premises in the event of a disaster, and that the condition of the premises which gives rise to the danger constitutes a violation of any other law, he shall send a copy of the report to any Ministry, Department or other body responsible for the administration of that other law, and notify the occupier of the premises that the report has been supplied to the Ministry or Department in question. (9) A report of a hazard inspector under this section shall be admissible in any legal proceedings as evidence of the truth of the report’s findings of fact, whether or not the Crown is a party to such proceedings. Disaster Preparedness and Response [CAP. 145 29 (10) This Act does not prejudice any right under any other law to take steps to ameliorate the condition of premises considered to pose danger under subsection (8) of this section.
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